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Lewis v. Ukran
When requesting reduction of award of future damages to present value, defendant bears the burden of providing evidence of valid lowered amount. 		Torts 2DCA/4 Jun. 28, 2019
Pneuma International, Inc. v. Cho
Trial court did not err in declining to base California's Unfair Competition Law cause of action on common-law tort of trespass to chattel; thus, judgment was affirmed. 		Torts 1DCA/1 Jun. 26, 2019
DaVinci Aircraft v. U.S.
Property was not seized from plaintiff solely for forfeiture, so sovereign immunity was not rewaived; thus, dismissal of 'Bivens' claims against the United States for lack of subject matter jurisdiction was proper. 		Torts 9th Jun. 13, 2019
Veiseh v. Stapp
Failure to comply with provisions of the California Uniform Transfers to Minors Act does not render grantor's continued possession and control of real property unlawful for purposes of trespass to realty. 		Torts 5DCA Jun. 10, 2019
LAOSD Asbestos Cases
Trial court properly instructed in specific terms under CACI Nos. 1220, 1221, and 1222, relating to plaintiffs' negligence theory supported by the evidence, rather than general terms. 		Torts 2DCA/4 Jun. 7, 2019
Berger v. Varum
The Uniform Voidable Transactions Act supplements, not replaces, common law fraudulent transfer, and plaintiff adequately pled common law fraudulent transfer by alleging specific financial damages resulting from defendants' conduct. 		Torts 1DCA/1 Jun. 5, 2019
Southern Cal. Gas Leak Cases
Plaintiffs' negligence claims for lost earnings stemming from massive gas leak rejected; purely economic losses suffered from mere proximity to industrial accident create intractable line-drawing problems for courts. 		Torts CASC May 31, 2019
Taulbee v. EJ Distribution Corp.
Trial court properly declined to give proposed negligence per se instruction with respect to defendant's driving into gore point because that particular violation of Vehicle Code Section 21651 did not proximately cause collision. 		Torts 4DCA/3 May 22, 2019
Harry v. Ring the Alarm, LLC
Plaintiff was not expressly hired to manage the hazardous condition that injured him; thus, the firefighter's rule does not apply where the risk of injury was not inherent to the plaintiff's occupation. 		Torts 2DCA/4 Apr. 29, 2019
Redlin v. U.S.
If a second claim is deemed to be an amendment, it is untimely if it was mailed after an agency's final decision; thus the district court did not err in dismissing the action. 		Torts 9th Apr. 24, 2019
Burch v. CertainTeed Corp.
Substantial evidence supported jury's finding that defendant intentionally concealed health hazards of asbestos from plaintiff; thus, trial court properly denied defendant's motion for judgment notwithstanding verdict. 		Torts 1DCA/4 Apr. 17, 2019
Grossman v. Santa Monica-Malibu Unified School Dist.
Under Education Code Section 38134(i)(1), school district is not liable for injuries resulting from the negligence of a booster group using school facilities without school district's supervision or input. 		Torts 2DCA/7 Mar. 28, 2019
Barenborg v. Sigma Alpha Epsilon Fraternity
The special relationship exception for duty of care does not apply for a negligence cause of action between a national fraternity and its local chapters 		Torts 2DCA/4 Mar. 21, 2019
Ryan v. Real Estate of the Pacific
Expert opinion is required in professional malpractice claims except when the negligence is obvious to laymen; thus, realtor's failure to disclose information he knew about neighbor's extensive remodeling plans required no expert. 		Torts 4DCA/1 Feb. 28, 2019
Dogan v. Comanche Hills Apartments
'Jameson v. Desta' applies retroactively to cases not final on appeal; requires reversal and new trial in tort action where indigent litigant was denied court reporter fee waiver. 		Torts 4DCA/1 Jan. 23, 2019
Cox v. State of Washington DSHS
Material issues of fact remained as to whether Department of Social and Health Services breached its duty of care when facilitating a social worker-supervised visit where father murdered two young boys. 		Torts 9th Jan. 11, 2019
Moreno v. Visser Ranch, Inc.
Because driver was 'on call' and could respond to maintenance calls immediately, jury could reasonably find driver's use of company truck for personal travel after work benefitted employer under respondeat superior. 		Torts 5DCA Dec. 24, 2018
University of Southern California v. Superior Court
University does not maintain a special relationship, for duty of care purposes, with an invitee injured at an off-campus party when it does not maintain possession or control of the property. 		Torts 2DCA/4 Dec. 21, 2018
Modisette v. Apple Inc.
'Consequences to community' would be 'too great' were court to find Apple owed duty of care to those injured or killed by distracted iPhone users behind the wheel. 		Torts 6DCA Dec. 18, 2018
Regents of the University of California v. Superior Court
University owes 'ordinary person' standard of care to student; reasonable trier of fact could have found school breached that standard where school knew of mentally-disturbed student's potential danger to classmates before student stabbed classmate. 		Torts 2DCA/7 Dec. 5, 2018
Mayall v. USA Water Polo
Under California's 'primary assumption of risk' doctrine, secondary head injuries are not 'inherent in the sport' of water polo; thus liability possible. 		Torts 9th Nov. 29, 2018
Olive v. General Nutrition Centers, Inc.
Prevailing party is party who recovered 'greater relief;' thus, abuse of discretion when trial court found there was no prevailing party after plaintiff recovered damages because jury awarded a 'middling sum.' 		Torts 2DCA/4 Nov. 6, 2018
Sagadin v. Ripper
A negligence cause of action was pursued against social hosts under Business and Professions Code section 25658, which makes it a misdemeanor to furnish alcohol to a person under 21 years of age. The court held that the 1978 legislation applies prospectively only and consequently does not immunize social hosts found civilly liable for injuries resulting from an accident occurring before the January 1, 1979, effective date of the legislation. 		Torts 3DCA Nov. 2, 2018
Doe v. Nestle
Presumption against extraterritoriality applies to claims under the Alien Tort Statute, though alleged domestic contacts in form of 'kickbacks' outside typical business contract may suffice to rebut presumption. 		Torts 9th Oct. 24, 2018
Sandoval v. Qualcomm Inc.
No instructional error when jury was not specifically instructed that, to be liable, defendant must have 'affirmatively contributed' to plaintiff's injury, because the instructions given were an accurate reflection of the law. 		Torts 4DCA/1 Oct. 22, 2018
Ruiz v. Musclewood Investment Properties
Under Civil Code Section 54.3(a) public sidewalks are considered a public facility in which a disabled individual cannot be deprived of using by any person(s), firm or corporation. 		Torts 2DCA/5 Oct. 9, 2018
Jabo v. YMCA of San Diego Co.
Summary judgment properly granted where YMCA's rental of field to non-member did not create statutory duty of care under 'health or fitness studio' provision of Health and Safety Code. 		Torts 4DCA/1 Oct. 1, 2018
Martine v. Heavenly Valley L.P.
Appellant's common carrier argument failed because rescue patrollers, at a patroller's discretionary election, transport injured skiers to the bottom of the mountain without any apparent compensation. 		Torts 3DCA Sep. 28, 2018
Ayon v. Esquire Deposition Solutions
Summary judgment may not be denied solely on the basis of the credibility of the moving party's witnesses. 		Torts 4DCA/3 Sep. 25, 2018
Modification: Williams v. The Pep Boys
A trial court erred in failing to award damages for the costs of providing home health services to decedent where he was cared for at home. 		Torts 1DCA/4 Sep. 25, 2018
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